Protection of Human Rights Act, 1993, Sections 12, 13, 14, 16, 18 — National Human Rights Commission/State Human Rights Commissions — Nature of powers — Commission is mere recommendatory body which has no authority under 1993 Act to issue directions - Commission can merely recommend to...
Protection of Human Rights Act, 1993, S.12 — Functions and powers — (i) Inquire, suo motu or on an application, instances of violation of human rights or negligence of public servants in preventing such violation; (ii) Intervene in any proceeding relating to violation of human rights...
Protection of Human Rights Act, 1993, S.13 — National Human Rights Commission/State Human Rights Commissions — Powers during inquiry — Commission vested with powers of Civil Court under Civil Procedure Code, 1908, for effective inquiry into human rights violations — However, such powers are only procedural and investigatory...
Protection of Human Rights Act, 1993, Ss.14, 15, 16, Chapter IV — Inquiry procedure — Commission empowered to utilize services of Government agencies for investigation and call for reports/information from authorities — Person likely to be prejudicially affected entitled to reasonable opportunity of hearing —...
Protection of Human Rights Act, 1993, Ss.18 — Nature of powers of Human Rights Commission — Commission empowered to recommend compensation, prosecution, interim relief and other suitable measures upon finding human rights violation — May approach Supreme Court/High Court for appropriate directions or writs —...
Protection of Human Rights Act, 1993, S.18, Constitution of India, Articles 226, 227 — Judicial review — Directions issued by NHRC transferring investigation to another district, mandating disciplinary action and transfers of specified officers, and consequential actions thereupon, being beyond jurisdiction, are quashed - Action including registration...
(vi) Words and phrases — “Recommendation” in the 1993 Act — Meaning and effect — “Recommendation” denotes a suggestion and not a binding adjudicatory command capable of execution; the Commission’s role is to suggest action to the appropriate Government, which remains free to take its...
